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(영문) 대구지방법원 2014.10.02 2014노2341
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the defendant is that the defendant will not repeat the crime by treating the vehicle in depth, and support his family members.

However, the Defendant had been sentenced to punishment two times as a result of the crime of drinking and unlicensed driving, and was sentenced to eight months of imprisonment on July 13, 2012 due to the crime of drinking and unlicensed driving on March 12, 2013, and was sentenced to a fine for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crime of unlicensed driving on March 12, 2013, but committed the instant crime with the same vehicle at the same time.

The influence level of blood alcohol was 0.165% high, and the nature of the crime is heavy by causing a traffic accident involving a parked vehicle.

In full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable;

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 of the Rules on Criminal Procedure, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act of the court below ex officio, "Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the choice of imprisonment)," and Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment)" are amended by adding "1. Commercial concurrence: Article 40 and Article 50 of the Criminal Act" in front of "1.

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